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july 2008

Supreme Court of India · 2008-07-07

M/S. Asian Peroxides Ltd vs Commnr. Of Central Excise, Guntur

Court
Supreme Court of India
Petitioner
M/S. Asian Peroxides Ltd
Respondent
Commnr. Of Central Excise, Guntur
Author
Arijit Pasayat
Bench
Aftab Alam, P. Sathasivam, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed the eligibility for exemption under Notification No. 8/97-CE concerning Hydrogen Peroxide manufactured by a 100% Export Oriented Unit (EOU). The Court held that the materials in question were consumables and not raw materials, thus affirming the CESTAT's decision that the appellant was not entitled to the exemption. The ruling clarified the definitions of 'raw material' and 'consumable' as per the EXIM Policy and referenced the case of CCE v. Ballarpur Industries Ltd. to establish the legal principles regarding the classification of materials in manufacturing.

M/S. Asian Peroxides Ltd vs Commnr. Of Central Excise, Guntur · Niyam